Section 468. 530(3), F.S., provides that: "The board may not
authorize the use of a name which is so similar to that of a public officer or
agency, or of that held by another licensee, that the public may be confused or
misled thereby." Recognizing the existence and reasonable purpose of
franchising and licensing agreements under which more than one company,
corporation, or other entity may be entitled to use the name of the franchisor
or licensor, the Board hereby sets the following standards for the use of names
under a franchise or licensing agreement:
(1) When more than one licensee is entitled
to and wishes to use the name of a franchisor or licensor in the name of an
employee leasing company, the name of the franchisor or licensor must be set
out so as to make it clear that the two or more employee leasing companies are
distinct and separate entities. Examples of acceptable names are:
(a) XYZ Employee Leasing Company of Daytona
Beach.
(b) XYZ Employee Leasing
Company of North Florida.
The difference in names between two or more licensees
entitled to use the name of a franchisor or licensor must be plainly different
and the differences must indicate a distinction in location or some other clear
distinction.
(2)
In any contract for the provision of leased employees to a client, a licensee
whose name includes that of a franchisor or licensor shall plainly state in the
contract that the licensee is independently owned and operated.
(3) Any advertisement by a licensee whose
name includes that of a franchisor or licensor shall contain a clear and
concise statement that the licensee or franchisee is a franchisee or licensee
and is independent in ownership and operation from the franchisor or
licensor.
(4) In all written
communications between a licensee or franchisee whose name includes that of a
franchisor or licensor and any person or entity, the form of the communication,
for example, business stationery or a facsimile cover sheet, shall contain a
clear and concise statement indicating that the licensee is an independently
owned and operated franchisee or licensee of the franchisor or
licensor.
(5) Any business cards,
pamphlets, flyers, or other promotional material used by a licensee or
franchisee whose name includes that of a franchisor or licensor shall contain a
clear and concise statement indicating that the licensee is an independently
owned and operated franchisee or licensee of the franchisor or
licensor.
(6) The standards set out
in this rule shall also apply to situations in which a group of unrelated
companies wish to use a single name for marketing, and promotional or other
cooperative purpose. Examples of acceptable names in this situation are:
(a) John Smith d/b/a AA Employee Leasing
Company of Tampa.
(b) Carolyn Jones
d/b/a AA Employee Leasing Company of South Miami.
(c) ZZZ, Inc., d/b/a AA Employee Leasing
Company of the Keys.
(7)
Licensees majority owned by the same ultimate parent, entity or persons, may
utilize the same dba.
